Hershey v. McLaughlin

Citations

• 17 Pa. Super. 87
• 1901 Pa. Super. LEXIS 258

Syllabus

<p>Replevin — Bond—Set-off—Pending suit.</p> <p>On the trial of the scire facias on a replevin bond, given voluntarily and containing a clause to confess judgment, an offer to prove that the defendant had a pending suit against the plaintiff in another forum is properly rejected, where there is no record of any judgment accompanying the offer, and it is admitted that there is not a judgment or adjudication in defendant’s favor.</p> <p>On the trial of the scire facias on a replevin bond an offer to prove that the defendant tendered a replevin bond, which the sheriff refused to accept, and refused to execute the writ, unless a bond with surety was given containing a clause authorizing a confession of judgment, which bond was not required by any rule of court, is properly rejected where it appears that the defendants gave the bond in suit which contained the clause demanded, and there is nothing in the record to show that it was not voluntarily given.</p>